Should The NCAA Be Bound By Public Records Laws?
Florida’s constitutional and statutory guarantee of access to public records could be in jeopardy due to insidious actions by the NCAA (National Collegiate Athletic Association) and Florida State University. This allegation was made in a recent lawsuit filed by Florida news outlets against the NCAA and the state school, requesting correspondence between the two institutions be made public.
The public records scandal erupted after what had started as a public disciplinary action taken against FSU by the NCAA became a bitter appeals process in state court.
Due to an academic cheating scandal, the NCAA decided to strip away 14 Florida State University football wins from the schools record. Not only would this tarnish the school’s outstanding reputation but also would have had a negative personal impact on at least one innocent bystander. Bobby Bowden, the team’s football coach, is just one win away from having the most wins in college football history, and was not involved in the cheating scandal. This penalty would deny him that chance.
Florida’s public records laws have become embroiled in the controversy over the NCAA’s ability to investigate and punish schools, without any public oversight on their disciplinary process of a state institution. After Florida State appealed the NCAA penalty, the NCAA provided records only to Florida State and its lawyers through a confidential website. The university was not permitted to release any NCAA records to the public.
The NCAA does not believe it is bound by Florida public records laws because it is not a public agency and, furthermore, FSU does not pay its NCAA dues with public money. This action was seen as an attempt by the NCAA to use their confidentiality system to sidestep the state’s Public Records Act by using an electronic loophole, argues the news organizations. According to the New York Times; the suit accuses the NCAA, Florida State, school officials and a law firm working for the university of participating in ”a scheme created to avoid public access.”
As college sport’s regulatory body, the NCAA is supported by the dues paid by nearly every college with sports programs. Its board of directors consists of school presidents and its investigations and decisions are not subject to public review. The NCAA argues that if subjected to public records laws, its investigations and confidential sources will be compromised.
The case goes to trial before Circuit Judge John C. Cooper on August 20-21. This case is separate from FSU’s ongoing appeal of its penalty, but raises interesting questions about public records laws and public institutions professional interactions with private entities. The ruling would only apply in Florida but could have national impact on other states with similar public record laws.
Meagan is discussing. 
j.j. slutzky, 
Damien, and 
Cheers! Sandra. R.
Carolyn Williams, 
Tony, 
Meagan 12:25 am on January 18, 2010 Permalink
Im looking for my half brother. I have his DOB and his full name from the birth certificate. What can I do to find him?